GAHC010252282024 2026:GAU-AS:2732 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6382/2024 SAMSUL ISLAM LASKAR S/O- LATE RAHIM UDDIN LASKAR, R/O-VILL. KAZIDHAR PART-1, COLLEGE ROAD, P.O.- KAZIDHAR, DIST.- CACHAR (ASSAM).

VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI-6.

2:THE DEPUTY SECRETARY REVENUE AND DM DEPARTMENT (REGISTRATION) BRANCH DISPUR GUWAHATI-6.

3:THE DISTRICT COMMISSIONER CACHAR.

4:THE SUB-REGISTRATION (REGN.)

PALONGHAT DIST.- CACHAR.

5:THE AREA MANAGER STOCK HOLDING CORPORATION OF INDIA LIMITED MANIRAM DEWAN LANE ULUBARI GUWAHATI Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 20-02-2026 Heard Mr. J. Laskar, learned counsel for the petitioner; Mr. S. Dutta, learned Standing counsel, Revenue [Registration] & Disaster Management Department for the respondent nos. 1 & 2; and Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4.

2. This writ petition under Article 226 of the Constitution of India is preferred by the petitioner seeking inter alia a direction in the nature of mandamus to the respondent authorities to grant a stamp vendor license in his favour.

3. The petitioner has projected that he, as an educated unemployed person, submitted an application on 14.10.2022 before the Additional District Commissioner, Cachar for issuance of a stamp vendor license. Upon receipt of the application, the Additional District Commissioner, Cachar wrote to the Sub- Registrar, Palonghat to furnish his comments/views as regards issuance of a stamp vendor license to the applicant-petitioner. The Sub-Registrar, Palonghat responded vide an Office Letter dated 05.04.2023 to the Additional Deputy Commissioner, Cachar stating that the application was also submitted by the petitioner to the Minister of Revenue, Government of Assam. As regards the position of stamp vendors within his jurisdiction, the Sub-Registrar, Palonghat stated that the nos. of deeds registered at the office of the Sub-Registrar, Palonghat during the period from 01.01.2022 to 31.12.2022 was 1591. The Sub- Registrar, Palonghat mentioned that the application of the petitioner could be approved by the higher authority. Thereafter, the Additional Deputy Commissioner, Cachar wrote to the Government in the Revenue & Disaster Management [Registration] Department on 16.08.2023 vide an Office Letter of even date stating inter alia that the application of the petitioner, enclosed therewith, be given consideration, as per the provisions applicable, for issuance of e-stamp vendors license.

4. Affidavits-in-opposition are filed by the respondent nos. 1 – 4. In the affidavits-in-opposition filed by the Revenue [Registration] & Disaster Management Department, it is mentioned that the existing physical stamp license holder vendors are only eligible for e-stamp vendor licenses. The process of issuing e-stamp licenses to vendors have been stopped temporarily due to complete roll out of e-stamps and all District Registrars-cum-District Commissioners have been directed to renew only the licenses of those stamp vendors who distribute digital non-judicial stamps. It is further averred that a process has been envisaged for issuing e-stamp licenses to all vendors who have licenses for physical stamps with the approval of the competent authority.

5. By a notification dated 21.02.2024, the State Government in the Revenue [Registration] & Disaster Management Department has ordered all District Registrars-cum-District Commissioners, Assam to renew the stamp vendor licenses of only those vendors who distributed digital non-Judicial stamps. It has been notified that those stamp vendors who had not migrated to e-stamp platform would not get renewal of their licenses as sale of physical non-judicial s